AN ACT CREATING THE MILITARY SERVICE BOARD AND PROVIDING FUNDS THEREFOR

Republic Act No. 9828

Summary of Republic Act No. 9828

Creation of the Military Service Board
- A Military Service Board is created to review and reevaluate pending claim applications filed by persons claiming to have performed military service in the Philippines from December 8, 1941 to July 3, 1946, to confirm their military service and qualify them for military veterans status. (Section 1)
- The Board will be supervised by the Philippine Veterans Affairs Office (PVAO) under the Department of National Defense. (Section 1)

Composition of the Board
- The Board will be composed of a retired military officer (preferably a World War II veteran) as Chairperson, two representatives from the PVAO, and two World War II veterans from recognized veterans' organizations. (Section 2)
- They will be appointed by the Secretary of National Defense from a list of nominees submitted by the PVAO. (Section 2)

Period of Existence
- The Board will cease to exist three years after the effectivity of this Act or until the last application is processed, but not exceeding five years. (Section 3)

Limitation on Applications
- The Board will only consider applications already filed and pending with the previous Military Service Boards created under Republic Act No. 8440 and Executive Order No. 198, series of 2003. (Section 4)

Applications by Survivors
- An application for confirmation of military service submitted by the surviving spouse, child, or parent on behalf of the deceased person will be treated as an application by that person. (Section 5)

Evidence to be Considered
- The Board will consider all available information and evidence, both testimonial and documentary, including official unit historical records, personnel records from government agencies, and any other evidence submitted by or on behalf of the applicant. (Section 6)
- The Board will automate all records of the applicants, including their supporting evidence, for future reference. (Section 6)

Fraudulent Claims
- If fraud is committed by or with the knowledge of an applicant, any approval, award, honor, or benefit received as a consequence will be deemed null and void. (Section 7)
- The parties involved in the fraudulent act, including those who provided false testimony or falsified documents, will be punished with a fine of not less than ₱20,000 but not more than ₱50,000, or imprisonment for not less than six years and one day but not more than twelve years, or both, at the court's discretion, in addition to refunding any amount received as a result of the fraudulent claim. (Section 7)

Unauthorized Fees
- No person, natural or juridical, shall charge a claimant any fee in connection with a claim for confirmation of service. (Section 8)
- Any person found to have directly or indirectly solicited, contracted for, charged, received, or attempted to solicit, charge, or receive any fee or compensation will be punished with a fine of not less than ₱20,000 but not more than ₱50,000, or imprisonment for not less than six years and one day but not more than twelve years, or both, at the court's discretion. (Section 8)

Finality of Decisions
- The Board will have the exclusive authority to pass judgment on a claim for confirmation of military service, and its decision will be final. (Section 9)

Prospective Entitlement
- Honors, awards, and decorations resulting from this Act will accrue to any person. (Section 10)
- All monetary compensation and benefits will be applied retroactively three years before the effectivity of this Act. (Section 10)

Resultant Benefits
- Any benefit under this Act will be administered by the PVAO in accordance with existing laws, rules, and regulations. (Section 11)

Report to the President and Congress
- Within 30 days after the expiration of its operations, the Board will submit to the President and Congress an accomplishment report detailing the number of claims acted upon and accounting for its funds. (Section 12)

Implementing Rules and Regulations
- The Secretary of National Defense will issue the necessary rules and regulations for the implementation of this Act within 30 days from its effectivity. (Section 13)

Appropriations
- ₱4,000,000 chargeable against the savings of the Department of National Defense under the current General Appropriations Act is appropriated for the first year of implementation. (Section 14)
- Funds needed for the continued operation of the Board will be included in the annual General Appropriations Act. (Section 14)

Repealing Clause
- All laws, decrees, orders, rules, and regulations or parts thereof inconsistent with this Act are repealed or modified accordingly. (Section 15)

Effectivity
- This Act will take effect 15 days following its publication in at least two national newspapers of general circulation. (Section 16)